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What Is a Special Warranty Deed In South Dakota?
A special warranty deed in South Dakota is a legal document used in real estate transactions that transfers ownership from the seller to the buyer. It provides a limited warranty of title that only covers the period during which the seller owned the property, unlike a general warranty deed that covers the property's entire history.
Also the special warranty deed form South Dakota includes specific warranties, such as the absence of liens and encumbrances during the seller's ownership, but it excludes any defects that existed before that period.
How to Prepare South Dakota Warranty Deed Form
Writing a South Dakota warranty deed form can be a straightforward process if you follow the necessary points. Here is a guide to help you write a warranty deed in South Dakota:
- Identify the parties: The deed must identify the grantor (seller) and grantee (buyer) with their full names and addresses.
- Property description: The deed must contain an accurate and complete legal description of the property being conveyed.
- Warranties: The deed must specify the warranties that the grantor is making, such as title warranties, covenant of seisin, and covenant of right to convey.
- Signatures: The deed must be signed by the grantor in the presence of a notary public, and the notary must affix the official seal.
- Recording: The deed must be recorded with the Register of Deeds in the county where the property is located.
How to Get a Warranty Deed In South Dakota
To obtain a South Dakota warranty deed, you should follow these steps:
- Hire a real estate attorney: An attorney can draft and review the warranty deed to ensure it complies with South Dakota law and protects your interests.
- Obtain the necessary forms: You can get the South Dakota warranty deed form from the Register of Deeds in the county where the property is located or from online legal document providers.
- Fill out the form: You can complete the warranty deed form with the necessary information, including the names and addresses of the grantor and grantee, the property description, and the warranties.
- Sign the deed: The grantor must sign the deed in the presence of a notary public.
- Record the deed: The deed must be recorded with the Register of Deeds in the county where the property is located to make it a public record.
Common Uses Of South Dakota Warranty Deed Form
The South Dakota warranty deed form can be used for various real estate transactions, including:
- Sale of property: A warranty deed can be used to transfer ownership from the seller to the buyer in a real estate sale.
- Gift of property: A warranty deed can be used to transfer ownership of a property as a gift to a family member or friend.
- Inheritance: A warranty deed can be used to transfer ownership of a property to an heir after the death of the owner.
- Trusts: A warranty deed can be used to transfer ownership of a property to a trust for estate planning purposes.
- Financing: A warranty deed can be used as collateral for a mortgage or other financing arrangements.
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Fillable online South Dakota Warranty Deed Form